CHEUNG SHU PO v. HKSAR

FAMC No. 25 of 1999

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 25 OF 1999 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 217 OF 99)

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DETERMINATION

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Mr Justice Bokhary PJ:

1. This applicant seeks leave to appeal to the Court of Final Appeal against a decision of the High Court dismissing his appeal against his conviction in the Magistrate's Court on a charge of careless driving.

2. Another taxi had run into the back of a taxi driven by the applicant. According to the other taxi driver, this happened because the applicant's taxi had cut into the other taxi's path. The applicant denied cutting into the other taxi's path, and blamed the other taxi driver. So there was a conflict of evidence for the Magistrate to resolve. The Magistrate felt sure that the other taxi driver's account was accurate, and that the applicant's account was not.

3. The High Court saw no basis on which it could overturn this view of the facts formed by the Magistrate who had enjoyed an advantage not possessed by any appellate court, namely that of having seen and heard both taxi drivers.

4. We see no proper basis on which the Court of Final Appeal can be invited to take a different view.

5. Leave to appeal is refused.